The Importance of Representative Judiciary to Ensure Public Confidence

Essay , 2015 , 18 Seiten , Note: A*

Jura - Rechtsphilosophie, Rechtssoziologie, Rechtsgeschichte

The purpose of this research is to discuss the meaning of representative judiciary and its importance to ensure public confidence and establish rule of law, independence of judiciary, provisions of Constitutional Reform Act 2005, function, and composition of judicial appointment commission, diversity statistics and general overview, key changes to attaining diversified judiciary to ensure equality and so on. This report concentrates on the position of Bangladesh in this regard.

The representative judiciary concept endorses a form of judicial appointment where judges would be selected from diverse races, gender, ethnicity, minority groups, and other deprived segments of society to reflect thoughts of common people to ensure that judges enforce neutrality and unbiased view, devoid of fear and favouritism in order to uphold rule of law rather than rule of people. Before 2005, only small numbers of judges appointed were female or ethnic minorities due to secretive selection process, personal recommendations from existing judges, unlimited power and discretion of the Lord Chancellor, no advertisements for vacancies, and so on. The Constitutional Reform Act 2005 has introduced a new appointment process of the judges and established a Judicial Appointment Commission (JAC) with intent to appoint judges solely based on merit and uphold the continued independence of the judiciary. Consequently, representation of women and other minority groups increased gradually in the UK judiciary. This report compares the appointment procedure between Bangladesh Judicial Service Commission (BJSC) and Judicial Appointment Commission (JAC) to assess the extent to which the UK is able to attain representative judicial system as a well-developed country.

Inhaltsverzeichnis (Table of Contents)

• A Representative Judiciary and Its Importance to Establish Rule of Law:
• Appointment Process before CRA 2005:
• Problems to Attaining a Representative Judiciary under the Old System:
• New Appointment Process under CRA 2005:
• Diversity Statistics and General Overview:
• Key Changes to Attaining a Representative Judiciary to Ensure Rule of Law:
• Representative Judiciary and the Rule of Law in Perspective of Bangladesh
• Criticism:
• Positive Factors of Recruitment System under BJSC:
• Conclusion:

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This research explores the concept of a representative judiciary and its significance in ensuring public confidence and upholding the rule of law. It analyzes the appointment processes before and after the Constitutional Reform Act 2005, highlighting key changes introduced to achieve a more diverse judiciary. The report focuses on the UK judicial system and compares it to the Bangladesh Judicial Service Commission (BJSC), considering the challenges and opportunities of attaining a representative judiciary in both contexts.

• The importance of a representative judiciary for public confidence and the rule of law.
• The impact of the Constitutional Reform Act 2005 on judicial appointments in the UK.
• The challenges of achieving a representative judiciary, including issues of diversity, selection processes, and independence.
• The comparison of judicial appointment procedures in the UK and Bangladesh.
• The implications of these differences for the effectiveness and legitimacy of the judiciary in both countries.

Zusammenfassung der Kapitel (Chapter Summaries)

• Introduction: This chapter sets the stage for the research by defining the core concepts of a representative judiciary, its importance to establish the rule of law, and the scope of the study. It also introduces the focus on Bangladesh's position in this context.
• A Representative Judiciary and Its Importance to Establish Rule of Law: This section examines the concept of a representative judiciary, its significance in promoting public confidence and ensuring that judges uphold the rule of law. It highlights how a representative judiciary ensures neutrality and fairness in judicial decision-making.
• Appointment Process before CRA 2005: This chapter explores the judicial appointment process in the UK prior to the Constitutional Reform Act 2005, highlighting the lack of transparency and diversity in the selection of judges. It analyzes how this process was susceptible to biases and limited the representation of women and ethnic minorities.
• Problems to Attaining a Representative Judiciary under the Old System: This section delves into the challenges faced in achieving a representative judiciary under the old appointment system in the UK. It identifies problems like the secrecy of the process, reliance on personal recommendations, and the unlimited discretion of the Lord Chancellor.
• New Appointment Process under CRA 2005: This chapter introduces the new appointment process introduced by the Constitutional Reform Act 2005, outlining the establishment of the Judicial Appointment Commission (JAC) and its role in ensuring a merit-based, independent, and diverse selection of judges.
• Diversity Statistics and General Overview: This section provides an overview of the diversity statistics within the UK judiciary, illustrating the impact of the new appointment process on the representation of women and minority groups.
• Key Changes to Attaining a Representative Judiciary to Ensure Rule of Law: This chapter examines the significant changes introduced by the CRA 2005 to achieve a more representative judiciary, focusing on the role of the JAC and the emphasis on merit and diversity.
• Representative Judiciary and the Rule of Law in Perspective of Bangladesh: This section explores the situation in Bangladesh, comparing the judicial appointment procedures of the Bangladesh Judicial Service Commission (BJSC) with those of the UK. It analyzes the challenges and opportunities of achieving a representative judiciary in Bangladesh.
• Criticism: This section analyzes criticisms related to the selection process and the potential for biases in the new system.
• Positive Factors of Recruitment System under BJSC: This section examines the positive aspects of the judicial appointment process in Bangladesh, focusing on the role of the BJSC in ensuring merit and transparency.

Schlüsselwörter (Keywords)

The research delves into key concepts such as representative judiciary, judicial appointment, judicial independence, diversity, constitutional reform, rule of law, gender equality, and ethnic representation within the judicial system. The report examines the UK's judicial appointment process under the Constitutional Reform Act 2005 and compares it to the Bangladesh Judicial Service Commission (BJSC), highlighting the challenges and opportunities of achieving a representative judiciary in both contexts.

• Hochschule: University of London
• Veranstaltung: LLB (Hons)
• Note: A*
• Autor: Suchana Chowdhury Suchi (Autor:in)
• Erscheinungsjahr: 2015
• Seiten: 18
• Katalognummer: V915715
• ISBN (eBook): 9783346235558
• ISBN (Buch): 9783346235565
• Sprache: Englisch
• Schlagworte: Representative Judiciary; Judicial Appointment; Judges Appointment; Constitutional Reform Act 2005; Judicial Appointment Commission (JAC); Independence of Judiciary; Representation of Women;